LAST WILL & TESTAMENT OF COLEMAN WATSON

Filed July 18, 1876   

 

The State of Texas

Grayson County

 

I Coleman Watson of the County and State aforesaid being seventy five years of age and knowing that in the course of nature I cannot survive for many years, and having a desire that my Earthly effects shall descend and pass in a particular manner after my death, and believing that I still have mind and memory sufficient to comprehend the extend of my effects both Real and personal, as well as those who may have claims upon my bounty, I do, after commending my soul to God who gave it, make and ordain this my last Will and Testament.  And in order that this Will may be read and understood by the light of the circumstances surrounding me at this time I will preface by stating,

 

That my first wife Lucy (and who was the mother of all my children) and myself were married on the 13th day of September 1821.  This wife Lucy died on the 13th day of April 1862 leaving the following children surviving her, all of whom were at the time more than 21 years of age (except Edward T.) viz Emily E.; Samuel C.; Nancy M.; Louisa Jane; Mary Susan and Edward T., and all of whom were married except Edward T.  Since the death of their Mother Lucy, the following have died viz Mary Susan, wife of R.E. Butridge leaving five children two of whom have since died in their minority leaving three living.  Edward T. who died whilst still a minor and at the age of 19 years.  Before my wife Lucy died I had given to my daughter, Emily E., two hundred and fifteen acres of land about nine head of cattle and some other household furniture (and a Negro girl and a Negro boy after the death of my wife).  To Samuel C. I gave 338 acres, two Negro boys, and some household and kitchen furniture.  To Louisa Jane I gave 1261/2 acres of land, a Negro girl and a Negro boy (this last boy given since the death of my wife, as also the boy given Nancy M.) and some household furniture and c. All this property except four Negro boys was advanced to my children as stated, prior to the death of their Mother.

 

At the time of the death of my wife Lucy in 1862, we owned in Common as Community property, a tract of land where we resided in Grayson County supposed to contain 1731 acres, less 985 acres which I had before that time Deeded to my children as hereinbefore stated.  Also 20 acres that had been Deeded to Shirley, leaving according to the surveys made at the time of my wife’s death 726 acres (It seems by surveys since made however that there was only about 500 acres).  That is the Deeds show according to purchases 726 acres but the actual surveys seem to make it about 500 acres in this there may be a mistake that the future can correct.

 

I also owned as Community property at the death of my wife about 20 Negroes all of whom were shortly afterwards freed by operation of law.  About twelve head of horses.  About 100 head of cattle, 250 head of sheep, farming utensils, household furniture & c. and a part of a Lot in Sherman which was sold and the net proceeds divided, one half to myself & balance to my children equally.  Also 39 acres in Collin County disposed of in the same manner.

 

In the year 1868 I made an agreement with my children to set apart them a certain portion of the land yet left, (That is the portion remaining at the death of their mother) on condition that my present wife in case of my death should have and enjoy the homestead of about 100 acres during her life, and that the remainder of the tract should be partitioned in such manner that in estimating advances made before and subsequent to the death of my wife – their Mother – all should be made equal including the heirs of the deceased Mrs. Butridge.  This agreement was not carried out for the reason on my part that when the lands were partitioned as agreed, some of the children refused to give me a receipt for their interest in the community property, and believing that the want of such receipt might be the means of harassing my present wife, I did not file an Inventory and Appraisement as agreed.  My object in attempting this settlement with my children was to not only advance them all the interest they had as heirs of their Mother in the community property, but also to give them all my own interest except a homestead which I desired should remain for the use of my wife during her lifetime, with remainder as provided by law, or as I might provide by Will.  As this agreement was never perfected I shall make that disposition of it by this Will, that I then intended.  And I will here state, that in Deeding the lands mentioned to my children during the life of their Mother it was intended as advances made to them and to be accounted for by them, when after the death of their Mother or myself a distribution came to be made.  And it is now my desire that in all advances ever made that all shall be equal and that lands left shall be distributed in such manner as to equalize all, reserving to myself for my own use and the use of my present wife my homestead of about 160 acres.

 

In endeavoring to settle with my children in 1868 as stated an estimate of the claim of each child was made as well as a survey and partition of the land, by Y.S. McKinney, W. W. Wheat & William Tolbert, and their estimate signed by them and attested by me as a Notary Public is now approved and made a part of this Will, and the partition and plat as appears on a paper also made a part of this Will is approved, and it is my desire that the partition as there appears to be carried out and that each party have the lands allotted (except about 8 acres reserved out of the tract to Emily E. & Louisa Jane) provided they comply with the conditions stated viz that Emily E. pay to the heirs of Mary Butridge $81.00 and on this condition she shall have for her own and her heirs all the lands described as for her in said paper except a strip in the shape of the letter V and containing about eight acres, and which commences thirty feet North of the NE Corner of my old farm, thence running South to a point opposite the SE Corner of my presence farm, thence West about 22 rods o my old farm, then in a North direction with the fence of the old farm to the beginning.  This piece of eight acres is taken off the land described in the papers aforesaid as set off to Emily E. & Louisa Jane and includes my spring & well.

 

To Louisa Shirley all that is there describe for her except the part that comes within the eight acres above described, provided she will pay the Butridge heirs $81.00.

 

To Nancy all that is described for her provided she pays to the Butridge heirs the sum of $70.00.

 

And to the Butridge heirs I give them the 245 acres as described for them and the sums so to be paid them by Emily, Louisa & Nancy.

 

To my present wife Jane H. Watson I give my present homestead to wit: The one hundred acres described in the plat as set off to me and also described in the Deed of Ewell D. Fox to me, recorded in Book G page 623 Grayson County Records.  Also the 241/2 acres lying immediately North of and adjoining said 100 acres and being of the same width.  Also the V shaped 8 acres hereinbefore described.  Also 461/2 acres timber lying on the East side of Squirrel Creek as appears upon said plat in the papers before referred to.  To have, use and enjoy the same during her natural life, on this condition viz: That she relinquish and abandon any claim she may have against me or my estate by virtue of a Marriage Contract entered into between her and myself, with remainder in fee simple after the death of my said wife to my Granddaughter Virginia T. Coffee, formerly Virginia T. Butridge.

 

I also give to my wife all my personal property of every description or kind whatsoever that may be left after the payment of my just debts to be hers absolutely.

 

I appoint my wife Jane W. and my friend O.C. Bivins as Executors of this Will.  I do not require that either of them shall give any Bond.  I desire that they or one of them Probate this Will, file and Inventory and Appraisement of my property, pay debts and close the Estate as quickly and with as little expense as possible.

 

In testimony whereof I have on this the 64th day of August A.D. 1875 set my hand and scroll for seal.

 

                                                                        /s/ Coleman Watson  (seal)

 

We certify that the above and foregoing will of Coleman Watson was signed by the Testator, Coleman Watson in our presence and in the presence of each other.  That we have signed the same as subscribing witnesses in his presence and at his request, and that he at the time declared the same to be his last Will and Testament, on the day and year last above written.

 

                                                                        /s/ I. P. Hopson

                                                                             C. A. Dickerman